A deposition is sworn testimony given before a trial. This step is especially important in a California personal injury case because what you say on the record can influence settlement talks and your credibility if your case goes to a jury.
At El Dabe Ritter Trial Lawyers, we help every client prepare by reviewing documents, anticipating defense questions, and preparing for tough topics. Our goal is to make sure your testimony stays strong from the deposition all the way through the end of your case.
In this article, we explain what deposition preparation involves so you know exactly what to expect when your attorney says it’s time to prepare for your deposition.
What Is a Deposition
A deposition is when someone gives spoken testimony under oath, but not in court. A court reporter records everything said and creates a transcript that can be used later in the case.
Depositions take place during discovery, the part of the lawsuit process when both sides share information before going to trial.
Discovery typically includes:
- Written interrogatories
- Document requests
- Expert disclosures
- Depositions
The other side’s lawyer wants your account of events, locked in under oath, before you ever face a jury. Your own lawyer uses the same opportunity to get the defendant’s version of what happened, as part of a larger strategy for building leverage for your case.
What Clients Should Expect During a Deposition
Most depositions take place in a conference room. The setting is quieter and less formal than clients expect, but the legal weight of the testimony is the same as testifying at trial.
California law generally limits most depositions to seven hours of total testimony under Code of Civil Procedure § 2025.290.
That limit covers questioning time only. It does not include breaks and does not apply to certain witnesses, including designated experts.
The people usually present at a deposition are:
- The client,
- The client’s attorney
- Opposing counsel, and
- A certified court reporter.
Often, a deposition is also recorded on video. This captures not just your answers, but also your behavior and how you present yourself, in addition to the written transcript.
Taking Breaks During a Deposition
Depositions can take several hours, but you are not expected to sit through the whole thing without a break. Your attorney can ask to pause for the restroom, water, food, or a moment to regroup.
However, it is important to remember that once you have been asked a question, you should not use a break to talk with your attorney about how to answer it. California’s rules tell attorneys not to interrupt questioning just to coach a witness or suggest an answer.
If you need a break, let your attorney know. It’s better to ask before you feel too tired or have trouble focusing.
How El Dabe Ritter Trial Lawyers Prepare Clients Before a Deposition
Preparing for a deposition isn’t just a single conversation. It is a step-by-step process customized to the details of each case.
Reviewing the Complete Record
Attorneys begin by reviewing every document that might come up during the deposition with their client. This covers medical records, incident reports, previous statements, and any social media posts related to the claim.
The main goal is consistency. When clients review their records carefully, they are much less likely to be caught off guard by details from months ago.
Anticipating Defense Strategy
Defense lawyers come to a deposition with clear goals. They often look for contradictions or try to downplay the seriousness of an injury.
Weeks before your deposition, attorneys help clients prepare for the questions they will likely be asked. These questions often cover topics like:
- Prior injuries
- Gaps in medical treatment
- Daily activities that might look inconsistent with claimed limitations.
What Questions Are Asked in a Personal Injury Deposition?
The specific questions will depend on the details of the case. However, defense attorneys usually want to know how the accident happened, what injuries are being claimed, what treatment was received, and how those injuries have changed the client’s life.
A client may be asked about:
- How the accident happened. Where were you? What did you see? What happened immediately before and after the collision?
- Your injuries and symptoms. What parts of your body were injured? When did symptoms begin? Have they improved or changed?
- Medical treatment. Which doctors have you seen? What treatment have you received? Were there any gaps in care?
- Prior injuries or medical conditions. Have you injured the same part of your body before? Did you have similar symptoms before this accident?
- Work and lost income. How much work did you miss? Are there tasks you can no longer perform or perform as easily?
- Daily life after the accident. How have your injuries affected driving, exercise, household responsibilities, hobbies, or time with family?
- Earlier statements and records. Have you previously described the accident or your injuries differently in medical records, written discovery, social media, or elsewhere?
Some questions might seem repetitive or very detailed. This is why preparation is important. Clients should know what topics might come up, but they do not need to memorize answers or try to say what they think will help their case. The goal is to give honest and accurate answers in their own words.
Practice Sessions and Mock Questioning
Clients practice answering the types of questions they might get during the deposition. Attorneys bring up difficult or uncomfortable topics ahead of time, which helps prevent clients from being surprised. This preparation also teaches clients to slow down, listen to the whole question, and avoid giving extra information just to fill a pause.
When Your Attorney Objects
It can be confusing to hear your own attorney object during a deposition. You might wonder whether you should stop talking or still answer the question.
In most cases, the answer is yes. An attorney might object just to make sure an issue is noted for the record, but the deposition will go on. Unless your attorney tells you not to answer, you will probably still need to respond.
Attorneys explain this during deposition preparation so clients do not have to figure out legal terms on the spot.
If your attorney objects, pause and listen. Make sure you understand whether you should answer before you continue.
Core Rules Every Client Learns Before Testifying
Every deposition prep session goes over a few basic rules and explains why each one matters.
- Only answer the question you are asked. If you offer extra details, the opposing lawyer may use that information to ask more questions.
- Do not guess. If you truly do not remember something, saying “I don’t recall” is a complete and honest answer.
- Take a moment before you answer. This short pause lets your attorney object if needed and gives you time to think.
- Stay calm and focus on the facts. Depositions might feel tense, but arguing or getting defensive can take attention away from your actual testimony.
- If you make a mistake, correct it right away. It is much better to fix an error immediately than to let it go unaddressed.
When you give deposition testimony, you are under oath. Intentionally giving false information can be perjury. Attorneys stress this not to scare you, but to remind you that being honest and accurate is more important than trying to give an answer that might help your case.
Why What You Say at a Deposition Matters Later
What you say in a deposition becomes part of your case. If you answer differently at trial months later, the defense can highlight the difference to the jury and challenge your credibility.
In California, juries can consider these differences when deciding if a witness is believable. That’s why it’s important to prepare carefully for your deposition. What you say under oath can come up again much later in your case.
This can also work in your favor. If the defendant says something important during their deposition, your lawyer might use that statement later to challenge a different story at trial.
What you say at a deposition stays in the record and can be used throughout your case, even at trial.
How Deposition Testimony Can Affect Settlement Negotiations
Insurance companies and defense lawyers watch closely during a plaintiff’s deposition. They care not only about what is said, but also whether the testimony is clear, is consistent with the evidence, and would stand up in court.
A deposition can show weaknesses that the defense could use when discussing a settlement. If your answers are inconsistent, sound exaggerated, or do not match your medical records or earlier statements, the defense may push for a lower settlement.
The opposite is also true. If the testimony is clear and consistent, it is harder for the defense to question the plaintiff’s credibility. It also helps the defense see how the plaintiff might appear to a jury.
This matters because deposition testimony doesn’t go away after the deposition. In California, it can be used later in the case, including to challenge or contradict a witness at trial.
That is why El Dabe Ritter Trial Lawyers take preparing for depositions very seriously.
Recommended Reading: Why Some Personal Injury Cases Settle Fast, and Others Don’t
Frequently Asked Questions About Deposition Prep
What should I not say in a deposition?
Try not to guess, speculate, or give extra information beyond what is asked. If you do not know or cannot remember, just say so. Always listen to your lawyer’s advice.
How long does a deposition take in California?
Most depositions last up to seven hours, as set by Code of Civil Procedure § 2025.290. Some witnesses and case types may have different rules.
Can my deposition be used against me at trial?
Yes. If what you say at trial is different from your deposition, the other side can use your earlier statement to question your honesty in front of the jury.
Do I need a lawyer present at my deposition?
Yes. Your lawyer is there to protect you from unfair questions, object when needed, and help you understand what is happening during the deposition.
How many times will I be deposed in a personal injury case?
In California, most people are only deposed once. The court can allow another deposition for a good reason, and there are some exceptions.
What is the difference between a deposition and testifying at trial?
A deposition takes place before trial in a private setting without a judge or jury. At trial, you testify in open court, and your answers are compared to what you said in your deposition.
Work with attorneys who have real trial experience, not just those who settle cases.
A deposition is an important part of your case. What you say under oath can impact your case even after the deposition is over. At El Dabe Ritter Trial Lawyers, Sherif El Dabe and Jonathan Ritter help clients understand what to expect, handle tough questions, and give honest, clear answers that hold up over time.
Connect with us for a free consultation by calling (213) 985-1120 or filling out the form below.
Recommended Reading: Personal Injury Trial Preparation: What to Expect and How Cases Are Built for Court
